Pedestrian and Bicycle Accidents in Madison: Your Rights and Next Steps

Pedestrian and bicycle accident injuries are serious. When a 4,000-pound vehicle hits a person on foot or on a bike, the human body absorbs the full force. Broken bones, traumatic brain injuries, spinal cord injuries, internal bleeding, and road rash are common. Adrenaline masks pain — you may feel okay at the scene and discover serious injuries hours later.

Call 911 from the scene. If you are transported by ambulance, go. If you decline ambulance transport, get to an emergency room within 24 hours regardless of how you feel. UW Health at University Hospital is a Level I trauma center and the primary destination for serious injuries in Madison. SSM Health St. Mary's Hospital also provides emergency care. Your ER visit creates the initial medical record linking your injuries to the accident — this is a critical piece of evidence for your claim.

Follow all prescribed treatment. See your primary care doctor, attend follow-up appointments, and complete any physical therapy. Gaps in treatment give insurance adjusters ammunition to argue your injuries are not as serious as you claim.

Wisconsin law gives pedestrians significant protection. Under Wis. Stat. § 346.23, drivers must yield the right of way to pedestrians in crosswalks — and that includes unmarked crosswalks, which exist at virtually every intersection. A driver who fails to yield to a pedestrian in a crosswalk and causes an accident is presumed negligent. Pedestrians do have duties too: Wis. Stat. § 346.24 requires pedestrians not to suddenly leave a curb and walk into the path of a vehicle so close that the driver cannot yield safely.

For cyclists, Wisconsin law treats bicycles as vehicles (Wis. Stat. § 340.01(5)). Cyclists have the same rights to use the road as motor vehicles under Wis. Stat. § 346.80. Drivers must give cyclists at least 3 feet of passing distance (Wis. Stat. § 346.075). Cyclists must ride as far right as practicable, obey traffic signals, and use lights at night. A driver who passes too close, fails to check before turning right across a bike lane, or opens a car door into a cyclist's path is negligent.

Madison's extensive bike infrastructure — protected bike lanes on East Washington Avenue, the Capital City Trail, the Southwest Commuter Path, and bike lanes throughout the isthmus — creates situations where drivers and cyclists share space. Drivers are legally required to check for cyclists before turning across bike lanes or opening doors. Failure to do so is a common cause of serious cycling accidents.

Wisconsin's comparative negligence law (Wis. Stat. § 895.045) applies to pedestrian and bicycle accidents. If you are partially at fault, your damages are reduced by your fault percentage. If you are more than 50% at fault, you recover nothing. In practice, drivers bear the majority of fault in most pedestrian and bicycle accidents because they are operating a vehicle capable of causing serious harm and have a heightened duty of care around vulnerable road users.

Common driver fault scenarios include: failing to yield at a crosswalk, turning right or left without checking for pedestrians or cyclists, distracted driving (phone use is a major factor), speeding through areas with heavy foot traffic, opening a car door into a cyclist's path (dooring), passing a cyclist too closely, and running red lights or stop signs.

Pedestrians and cyclists can share fault in some situations — jaywalking, crossing against a signal, riding at night without lights, or darting into traffic. But even when a pedestrian or cyclist is partially at fault, the driver often bears the larger share. Insurance adjusters know that juries are sympathetic to injured pedestrians and cyclists, which strengthens your negotiating position.

If a driver hits you while walking or cycling, you file a claim against the driver's liability insurance. Wisconsin requires all drivers to carry minimum liability coverage of $25,000 per person and $50,000 per accident for bodily injury (Wis. Stat. § 344.33). Many drivers carry higher limits. The driver's insurance covers your medical bills, lost wages, pain and suffering, and other damages up to their policy limits.

If the driver is uninsured or flees the scene, your own auto insurance may cover you through uninsured motorist (UM) coverage — even when you were a pedestrian or cyclist at the time of the accident. Under Wisconsin law (Wis. Stat. § 632.32), UM coverage extends to the insured and household members regardless of whether they were in a vehicle. If you do not have your own auto policy, check whether a household member's policy covers you.

Health insurance, MedPay coverage on your auto policy, and Wisconsin's Crime Victim Compensation Program are additional sources of payment for medical bills while your liability claim is pending. Do not let medical bills pile up without treatment — your health comes first, and untreated injuries weaken your claim.

Wisconsin has no statewide helmet law for cyclists of any age. Neither does the City of Madison. You are not legally required to wear a helmet while riding a bicycle. And here is the good news for your claim: Wisconsin law explicitly provides that failure to wear a helmet cannot be used to reduce your recovery in a civil action. A defendant cannot argue you were at fault for not wearing one.

That said, wearing a helmet is still strongly recommended by the Wisconsin Department of Transportation and by basic common sense. Helmets dramatically reduce the risk and severity of traumatic brain injuries. The legal protection means your claim is safe either way — but your brain is not replaceable. Wear a helmet for your health, not because the law requires it.

For motorcycle accidents — which are distinct from bicycle accidents — Wisconsin does require helmets for riders under 18 and those with instructional permits (Wis. Stat. § 347.485). But no Wisconsin law mandates helmets for adult bicyclists.

If you are able, call 911 immediately. Madison Police will respond to pedestrian and bicycle accidents involving injuries. Stay at the scene until police arrive. Request that an ambulance be dispatched if you have any injuries — do not try to assess your own condition.

If you can safely do so, gather evidence. Photograph the scene, the vehicle that hit you, your injuries, your bicycle or personal property damage, traffic signals, crosswalk markings, bike lane markings, and any skid marks. Note the exact location, the direction each party was traveling, and the time of day. Get the driver's name, phone number, insurance information, license plate number, and driver's license number.

Get contact information from witnesses. Pedestrian and bicycle accidents often have bystanders — other pedestrians, cyclists, people at nearby businesses. Their accounts can establish that you had the right of way or that the driver was distracted or speeding. In Madison's denser neighborhoods around the Capitol, State Street, and campus, witnesses are often available.

Wisconsin's statute of limitations for personal injury claims is 3 years from the date of injury (Wis. Stat. § 893.54). Miss this deadline by even one day and your claim is permanently barred. For wrongful death claims arising from a pedestrian or bicycle fatality, the deadline is 2 years from the date of death.

If your accident involved a government vehicle or occurred on government property due to a road defect, you must file a notice of claim within 120 days (Wis. Stat. § 893.80). This is a much shorter deadline and is strictly enforced. Government liability claims are common in pedestrian and bicycle accidents involving poorly maintained crosswalks, missing signage, or defective road surfaces.

Want to understand your options after being hit by a car while walking or cycling in Madison? Get your free Injury Claim Check. You will answer a few questions about your accident, injuries, and the circumstances. We will provide a personalized report covering your potential claim value, fault analysis, and available insurance coverage — and connect you with a Madison personal injury attorney experienced in pedestrian and bicycle cases.

Being hit by a car while walking or biking is a life-changing event. The injuries are often severe, recovery is long, and the medical bills add up fast. Wisconsin law provides strong protections for pedestrians and cyclists. Make sure you understand your rights. The Injury Claim Check is free, confidential, and takes less time than waiting on hold with an insurance company.